Some people are charged with possession with intent to deliver (PWID) for drugs that are not theirs because of constructive possession. Even if the drugs are not physically found on your person, police officers might arrest you if they are found somewhere you might have control over, like a home you share with a roommate.
Even if you are arrested for possession, you may not be officially charged. Let us speak to investigators on your behalf, and don’t try to give them context. If you are charged, we can argue that you lacked knowledge of the drugs being present or that you didn’t have control over the area or access to the substances. We may also challenge how police officers obtained evidence that prosecutors plan to use against you, which may force them to drop the charges.
Contact Kenny, Burns & McGill for a free and confidential case assessment from our Philadelphia, PA drug crime defense attorneys by calling us today at (215) 423-5500.
Can I Be Charged with Possession of Drugs that Aren’t Mine in Pennsylvania?
Police officers might arrest you if they find drugs in your physical possession and on your person, like in a bag you are carrying (actual possession), or if they find drugs in a location you own or have control over, like your car or apartment (constructive possession). This can be shocking and scary, and anyone in this situation should immediately contact our lawyers for help.
Suppose police officers had probable cause to search the vehicle you were driving for drugs during a traffic stop, and they found illicit substances in a car you borrowed from a friend. The officers might immediately arrest you for possession, even though the drugs aren’t yours.
Whether drugs are found on the defendant’s person or in an area they had access to and control over, the offense is charged the same as if they had actual possession of the drugs. If the quantity of drugs found exceeds a certain amount, you could face felony charges for possession with intent to deliver and risk years in prison.
How to Avoid Being Charged with Possession of Drugs that Aren’t Mine
Though you might be arrested for possession or PWID for drugs that weren’t yours, whether they were found physically on your person or in a shared space, you may not be officially charged in court. We may be able to prevent the prosecution from filing charges against you by providing law enforcement with much-needed context.
To prevent charges from being filed, our Lansdale, PA drug crime defense attorneys can provide an alternative explanation as to why the drugs were found on shared property, such as a roommate or a roommate’s friend. We can explain how the vehicle, backpack, or apartment is not solely yours, that you did not know that drugs were present there, and you lacked any intent to distribute the substances.
Don’t assume the prosecution has enough legally obtained evidence to file PWID charges against you for drugs that aren’t yours, and call our lawyers immediately to begin preparing your defense.
What if I Am Charged with Possession of Drugs that Are Not Mine?
There are several ways to approach serious possession, manufacturing, or distribution charges based on constructive possession. To meet the burden of proof, the prosecutor must prove beyond a reasonable doubt that the defendant had knowledge of the drugs and control over them or the location where they were being kept. If you are unjustly charged with PWID or another serious drug charge, contact us for help.
We must prepare a defense in case the charges go to trial and are not dismissed. If the prosecutor alleges constructive possession because drugs were found in a home you shared with a roommate, we can argue you lacked any knowledge that the substances were present.
We may also contend that you lacked any control over the substances and the area where the drugs were found, as if your roommate kept them in their locked bedroom or another hidden compartment you were unaware of.
Tell us about any other witnesses who can confirm the drugs were not in your possession and you were unaware of their existence, as well as any other evidence that corroborates your defense. You may testify about your lack of knowledge if the charges proceed to trial, and we can determine whether doing so is best for your case as it continues.
How Can I Get Drug Possession Charges Dismissed in Pennsylvania?
If police performed an unlawful search of your person or property, the judge should not let the prosecution use any evidence obtained through the search. The Fourth Amendment protects you against unlawful search and seizure. Law enforcement officers generally need a warrant to enter a property, search it, and collect evidence, unless one of the rare exceptions to this rule applies.
If we successfully challenge the legitimacy of the search of shared property, the judge will not allow the prosecution to enter evidence that police officers obtained illegally. That may be all the evidence the prosecution has against you. If that’s the case, the prosecution may be forced to drop PWID or other drug charges against you.
If you were present when police officers searched a shared space and found illicit substances, tell us everything you can remember about the encounter. Don’t agree to let police officers search your property if they do not have a warrant, even if you don’t have any knowledge of whether or not drugs are present. Sharing living spaces and vehicles with others potentially makes you vulnerable, and you shouldn’t expose yourself to risk by consenting to a search.
For Help with Your Case, Call Our Drug Defense Lawyers in Pennsylvania
Call (215) 423-5500 to discuss your case for free with the Delaware County, PA drug crime defense attorneys of Kenny, Burns & McGill.
